SOCIAL-ORDER THROUGH CONSTITUTIONAL CHOICE - A CONTRACTARIAN PROPOSAL

The present paper consists of two closely related parts: one which out lines a normative criterion for evaluating the legitimacy of constitut ional change and one which specifies a particular proposal of a consti tution. The criterion used stems directly from the ''pragmatic'' brand of contractarianism developed by Buchanan, where an approximate rule of unanimity is utilized. The proposal aims at the highest possible fr eedom of choice for individuals when it comes to defining the politica l system of their liking: a core (dealing with public goods and rights ) is common for all, but everything else can vary between different su b-constitutions between which individuals choose.